Through this rulemaking, FNS is codifying new statutory requirements included in the 2018 Farm Bill.
This memorandum implements requirements under the Agriculture Improvement Act of 2018 and provides guidance to TEFAP state agencies on best practices to minimize food waste of privately donated foods provided to TEFAP state agencies and eligible recipient agencies.
Section 4104 of the Farm Bill directs USDA to issue guidance to promote awareness of donations of apparently wholesome food by qualified direct donors protected under section 22(c) of the Child Nutrition Act of 1966. This guidance only applies to privately donated foods provided to TEFAP state agencies and eligible recipient agencies and is not applicable to USDA Foods provided through TEFAP.
The Agriculture Improvement Act of 2018 changes TEFAP state plan requirements and the TEFAP food funding formula.